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The drug company, now based in Westlake, Texas, said it had received the lienfor $88,478 for not paying the appropriate amouny of sales and use taxes — conclusiona that MiddleBrook officials said stemmerd from a routine Maryland state audit conducted between 2004 and the first half of 2008, when the biotec was still headquartered in Germantown. The compliance division of thestatse comptroller’s office declined to comment on the “We thought we were having a back-and-fort h dialogue about that” audit, said MiddleBrook spokeswomamn Faith Pomeroy-Ward, who said financew officials were “extremely surprised” when they received noticed of the lien.
She said the compan has paid the amount in full and is waiting for the lien tobe “I definitely don’t want to disparag e former management, but we weren’t here when it she said. “Obviously, a mistake was made, and we’ve rectifie it.” MiddleBrook was formerly foundedf and led by CEOEd Rudnic, who left the companyh in the fall of last year after receivinb a $100 million equity investment by Chicago-based , whicj then brought in its own management team from a formerd Dallas portfolio company. Rudnic said he hadn’ t heard about the lien.
“Not knowinfg the specifics of how they’rde calculating things or what thecomplaint says, it’es impossible for me to commenr other than I know that we took these thingsw quite seriously,” he said. “kI know of no audits underway when I was Inthe judgment, the state reporteed that $58,560 in taxes needed to be as well as $24,047 in interest at a rate of 1.08 percenr per month. The judgmentg also called for $5,871 in penaltyy fines. In the first three months of this MiddleBrook (NASDAQ: MBRK) made nearly $9 million in sales, some from its first-ever in-house drug, the once-a-day Moxatayg for strep throat.
Approved in January 2008 and launcheds threemonths ago, Moxatag had scored 3,000 prescriptionas by late April, and Pomeroy-Warfd said prescriptions had been mounting at an average rate of 1,0090 each week. MiddleBrook, which has deployex a 300-person sales team and managers to sell the drugto 40,00 0 primary care doctors and 16,500 pharmacies, said it expectss to garner $40 million in total produc sales, mostly in the fourth quarter for Moxatag.
The compangy has kept roughly 25 employees in its former Germantowjn headquarters on SenecaMeadows
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